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Commission approves AT&T facility at 590 Second Ave after neighborhood objections; legal limits on health regulation cited
Summary
The Planning Commission granted a conditional-use authorization for an AT&T wireless facility at 590 Second Ave despite strong neighborhood opposition citing sunlight, aesthetics and health concerns; staff and the city attorney said federal rules limit local regulation of radio-frequency health claims.
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The Planning Commission on Jan. 28 approved a conditional-use authorization for AT&T to install a wireless telecommunications facility at 590 Second Ave. Planning staff said the company conducted multiple rounds of outreach and an alternatives analysis required by wireless siting guidelines; AT&T representatives said they evaluated about 70 properties in the search ring and contacted 14 potentially viable roofs before concluding the proposed site could meet coverage and capacity needs with a low-impact design.
Neighbors spoke at length in opposition, citing visibility, loss of sunlight to decks and windows, property-value declines and concerns about radio-frequency exposure. Anne Green, who lives next door, said the proposed screen would loom 15 feet from her deck and that the project would block sunlight. Multiple callers asked the commission to favor preferred sites higher on the siting preference list.
The city attorney reminded commissioners that federal law and FCC standards preempt local regulation of wireless facilities based on RF health concerns; staff also reported the applicant’s technical reports and third-party reviews addressing EME and compliance with FCC limits. Commissioners pressed AT&T on alternative sites and whether elements of the installation could be split; AT&T said the equipment needed to be colocated and that alternative rooftops either were flat-roof constrained or would have required larger, more visible screening.
After extended public comment and questioning, the commission voted to approve the conditional-use authorization in a 7–0 vote, placing the matter on discretionary review calendar for further oversight.
